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$7 million settlement proposed in jail death from Arpaio era

The family of Ernest Atencio, which alleges he died after being beaten and shot with a stun gun by law enforcement officers in one of the jails in Phoenix run by former Sheriff Joe Arpaio, could receive $7 million in a lawsuit settlement.

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$7 million settlement proposed in jail death from Arpaio era

2012 funeral of Ernest Atencio

Friends and family of Ernest "Marty" Atencio attend his funeral at the National Memorial Cemetery of Arizona in Phoenix on Jan. 4, 2012. Atencio died after being stunned with a Taser at a county jail in December 2011.
Tom Tingle/The Republic

2012 funeral of Ernest Atencio

Friends and family of Ernest "Marty" Atencio attend his funeral at the National Memorial Cemetery of Arizona in Phoenix on Jan. 4, 2012. Atencio died after being stunned with a Taser at a county jail in December 2011.
Tom Tingle/The Republic

2012 funeral of Ernest Atencio

Joe Atencio holda the flag from the coffin of his son, Ernest "Marty" Atencio, during the funeral at the National Memorial Cemetery of Arizona in Phoenix on Jan. 4, 2012. Ernest Atencio died after being stunned with a Taser at the Fourth Avenue jail.
Tom Tingle/The Republic

2012 funeral of Ernest Atencio

Friends and family of Ernest "Marty" Atencio attend his funeral at the National Memorial Cemetery of Arizona in Phoenix on Jan. 4, 2012. Atencio died after being stunned with a Taser at a county jail in December 2011.
Tom Tingle/The Republic

2012 funeral of Ernest Atencio

Ernest "Marty" Atencio
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2012 funeral of Ernest Atencio

Friends and family of Ernest "Marty" Atencio attend his funeral at the National Memorial Cemetery of Arizona in Phoenix on Jan. 4, 2012. Atencio died after being stunned with a Taser at a county jail in December 2011.

PHOENIX – The family of a mentally ill man who alleges he died after being beaten and shot with a stun gun by law enforcement officers in one of the jails in Phoenix run by former Sheriff Joe Arpaio could receive $7 million in a lawsuit settlement.

The case is one of many lawsuits filed against Arpaio, now a candidate for a U.S. Senate seat, over the treatment of inmates in county jails during his 24 years as metro Phoenix’s top law enforcer. Excluding the $7 million from the proposed settlement to be voted on this week, Maricopa County has paid $33 million in jail-related legal claims that were filed during Arpaio’s six terms as sheriff.

The deal will resolve legal claims against Arpaio and his jail officers, but the Phoenix Police Department, whose officers arrested Atencio and were involved in his booking at the jail, would remain as a target of the lawsuit. The trial is scheduled to start May 15.

Arpaio, reached by phone Monday, was reluctant to talk about the settlement, saying only that, “It’s the Board of Supervisors’ decision.”

Arpaio’s jailing of inmates in outdoor tents and other get-tough tactics made him popular with many voters, but critics say he created a culture of cruelty within the jails that took the lives of inmates and proved costly to the county.

Joe Atencio holda the flag from the coffin of his son, Ernest "Marty" Atencio, during the funeral at the National Memorial Cemetery of Arizona in Phoenix on Jan. 4, 2012. Ernest Atencio died after being stunned with a Taser at the Fourth Avenue jail.(Photo: Tom Tingle/The Republic)

In one case, the county and its insurance carrier paid $8.25 million to settle a lawsuit that alleged some of Arpaio’s detention officers had forced inmate Scott Norberg into a restraint chair and pushed his head into his chest after his arrest on suspicion of aggravated assault. Norberg’s 1996 death was ruled accidental by asphyxiation.

Attorney Mike Manning, who represents the Atencio family and has filed lawsuits over other deaths in county jails, said the culture in the county’s jails started to change after Arpaio was voted out office in November 2016. “I can say that this is a cruel end to the Arpaio era,” Manning said.

Atencio, 44, was arrested in December 2011 by Phoenix police on a misdemeanor assault charge after they say he frightened a woman by yelling at her and kicking at her apartment door. The officers who arrested him had had an encounter with Atencio earlier that day at a convenience store, where they concluded his erratic behavior was the result of mental illness, not intoxication.

The lawsuit accuses a Phoenix police officer of attacking Atencio at the jail after he refused to take off one of his shoes. It alleges that Arpaio’s officers joined in and formed a “dog pile” atop the inmate. A sheriff’s officer shot Atencio with a Taser, and another later struck him as other officers held him down, according to the suit.

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Republic reporters Yvonne Wingett Sanchez and Michael Kiefer talk to former Maricopa County Sheriff Joe Arpaio in his home the night of his pardoning by President Donald Trump. Patrick Breen/azcentral.com

Earlier, while being booked at a jail in downtown Phoenix, Atencio was seen talking to a container of peanut butter as if it were a person, even offering to give up his jacket to the container, police said. His lawyers have said he wasn’t acting aggressively toward the officers.

At the time he died, the sheriff’s office had said Atencio was combative when police brought him to jail.

The lawsuit alleges that the officers taunted Atencio for not being able to follow directions and encouraged him to make funny faces while his mug shot was taken. One officer allegedly said authorities should make it the “Mug Shot of the Week,” referring to a contest in which people can vote on their favorite booking photo.

Attorneys Kathleen Wieneke, who represents the city of Phoenix, and Daniel O’Connor Jr., who represents Maricopa County, didn’t immediately respond to a phone call and email seeking comment.

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Oct. 1994: Charred mattresses are spread out in front of a tent used to house prisoners in Phoenix on Oct. 4, 1994. Inmates had set fire to several of the tents after becoming upset with living conditions. Due to jail overcrowding former Maricopa County Sheriff Joe Arpaio used the large army-style tents to house about 1,100 prisoners.
The Republic

May 1995: Former Maricopa County Sheriff Joe Arpaio talks with media during a news conference announcing the opening of Tent City II in Phoenix on May 9, 1995. The complex, made up of 26 canvas tents, held up to 700 inmates compared to the 1000 inmates being housed in the original tent city jail complex.
Associated Press

May 1995: Sheriff Joe Arpaio chats with inmates inside Tent City on May 10, 1995. Arpaio stayed inside Tent City for a night to prove it was safe, and an inmate could survive without "luxuries" such as hot lunches, coffee and cigarettes.
The Republic

May 1995: Former Maricopa County Sheriff Joe Arpaio chats with inmates inside Tent City on May 10, 1995. Arpaio stayed inside Tent City for a night to prove it was safe an inmate could survive without "luxuries" such as hot lunches, coffee and cigarettes.
The Republic

Oct. 1995: Inmates of one of Maricopa County's tent city jails (from left, Donald Bone, Joe Newlon and Anthony Collier) display their issued underwear and socks on Oct. 20, 1995, which have been dyed pink at the behest of former Maricopa County Sheriff Joe Arpaio to deter theft.
Associated Press

May 1997: Former Maricopa County Sheriff Joe Arpaio holds "Astro", a trained attack dog, outside of the Tent City section of the Estrella Jail Facility on May 20, 1997. Astro is one of four dogs introduced that week that have been fitted with special harnesses containing small audio and video recording devices to be used for surveillance around the perimeter of the compound.
Associated Press

Aug. 1998: Sheriff Joe Arpaio celebrated the 5th anniversary of Tent City at the Maricopa County Jail, inviting everyone, including inmates and his critics, to eat cake. Shown here are members of the female inmate chain gang, including Teresa Rocha (foreground), as they marched, singing, holding cake, ice cream and punch from the celebration.
The Republic

June 1999: Female inmates at Tent City Jail in Phoenix listen to former Maricopa County Sheriff Joe Arpaio talk to the news media before kicking off his bedtime stories program. He played an audio book tape of Star Wars.
Michael Chow/The Republic

Dec. 1999: Maricopa County inmates make their way down a caged walkway towards a bus on Dec. 9, 1999, waiting to transport them to the Durango Tent City Jail after their cells were evacuated due to leaking pipes.
Pat Shannahan/The Republic

March 2001: Inmate Jeffery Martin talks with former Maricopa County Sheriff Joe Arpaio about his new meal policy, where inmates will be fed twice a day. The inmates brunch will include three sandwiches, fruit, a pastry and a drink. Diner will have a meat, salad, vegetables, potatoes, roll, fruit and a drink. The new meal plan will cost the jail 20 cents per meal.
Pat Shannahan/The Republic

March 2001: Inmate Jermaine Gadson (far right) motions that he disagrees with former Maricopa County Sheriff Joe Arpaio as Arpaio talks to the press about how much food his inmates are fed each day. In March of 2001, the former sheriff started a new meal policy where inmates were fed twice a day, rather than three times.
Pat Shannahan/The Republic

July 2003: Alfredo Gomez douses himself with water in Tent City while former Maricopa County Sheriff Joe Arpio leads a media tour through his Tent City on July 9, 2003. The sheriff let media into Tent City Jail to show how he was treating the residents of the jail during the heat wave gripping Arizona.
The Republic

July 2003: Robert Jones (left) wipes his brow while former Maricopa County Sheriff Joe Arpaio autographs a card for him on July 9, 2003, during the sheriff's media tour through his Tent City. The Sheriff let the media into Tent City to show how he was treating the residents of the jail during the heat wave in Arizona.
The Republic

Nov. 2003: Trevor Peterson works with Jerry Sprinkle to wash a dog at the Maricopa County Animal Care and Control facility. In a partnership, inamates from Tent City are learning a job skill, grooming and nimal care, at the Maricopa Co. Animal Care and Control facility, while the pound gets some free labor.
The Republic

April 2006: Maricopa County Tent City inmate Dawn Young looks at a mask she created that represents her seven children while resting during a rehearsal for the final theatrical production.
David Wallace/The Republic

05/20/06 - jailwomen 135278 - Inmates (from left) Janiece Dwinell, 50, (cq) of St, Loius, Missouri, (cq) Allison Bernal, 21, (cq) (drinking water) of Phoenix, Debbie Tomblin, 35, of Phoenix and Stacy Roden, 24, (cq) of Phoenix, talk on phones at the Maricopa County Tent City Jail (cq) in Phoenix on Tuesday, May 23, 2006. The number of women inmates in Arizona jails and prisons has gone up dramatically in the last few years. (Photo by David Wallace/ Arizona Republic)
David Wallace/The Republic

Jan. 2006: Inmate Joann Pablos (top) of Phoenix, rests on top of a bunk bed as inmate Lori Marstellar (left) of Phoenix, drinks water, and inmate Paula Tongen (center) of San Bernadinio, Calif., looks on at the Maricopa County Tent City Jail on May 23, 2006. The number of women inmates in Arizona jails and prisons has gone up dramatically in the last few years.
David Wallace/The Republic

March 2007: Inmates at the Tent City Jail in Phoenix cheer for inmate contestant Katrina Duhart, who was competing in Sheriff's Joe Inmate Idle Con-Test at Tent City Jail on March 23, 2007.
Cheryl Evans/The Republic

March 2007: Katrina Duhart performs in Sheriff's Joe Inmate Idle Con-Test at Tent City Jail. In the background is judge Bret Kaiser, he is an Elvis impersonator and a detention officer.
Cheryl Evans/The Republic

Nov. 2008: An inmate at Tent City Jail watches as Milwaukee Brewer rookies tour the jail on Nov. 11, 2008 during a "scared straight" program to keep the young athletes from drinking and driving.
Pat Shannahan/The Republic

Feb. 2009: Undocumented immigrant prisoners in the Durango Jail walk in chains and shackles to Tent City on Feb. 4, 2009. Former Maricopa County Sheriff Joe Arpaio marched about 200 undocumented immigrants in the Durango Jail to "Tent City" where he will house the prisoners until or if they are deported.
The Republic

Feb. 2009: A shotgun toting deputy watches over undocumented immigrants being marched to Tent City on Feb. 2, 2009. Maricopa County Sheriff Joe Arpaio marched about 200 undocumented immigrants in the Durango Jail to "Tent City" where he will house the prisoners until or if they are deported.
The Republic

Feb. 2009: Undocumented immigrant prisoners shout "HITLER, HITLER" at Sheriff Joe Arpaio at they march into tent city. Maricopa County Sheriff Joe Arpaio marched about 200 undocumented immigrants in the Durango Jail to "Tent City" on Feb. 4, 2009, where he will house the prisoners until or if they are deported.
The Republic

Feb. 2009: A sign helps undocumented immigrants find their way home from Tent City in Phoenix. Former Maricopa County Sheriff Joe Arpaio marched about 200 undocumented immigrants in the Durango Jail to "Tent City" on Feb. 4, 2009, where he will house the prisoners until or if they are deported.
The Republic

Feb. 2009: Former Maricopa County Sheriff Joe Arpaio marched about 200 undocumented immigrants in the Durango Jail to "Tent City", including Jesus Hurtado (above) and Omar Godinez (lower bunk), where he will house the prisoners until or if they are deported.
The Republic

March 2009: Former NBA star Charles Barkley served a three-day sentence at Tent City Jail on a drunken-driving charge in March of 2009. The 45-year-old pleaded guilty to two misdemeanor DUI charges stemming from his Dec. 31, 2008, arrest shortly after leaving a Scottsdale nightclub and failing a field sobriety test.
Rob Schumacher/The Republic

March 2009: Inmates watch former NBA star Charles Barkley as he began his three-day sentence at Tent City in March of 2009 on a drunk driving charge. The 45-year-old pleaded guilty to two misdemeanor DUI charges.
Rob Schumacher/The Republic

March 2009: Former NBA star Charles Barkley served three day at Tent City Jail in March of 2009 on a drunk driving charge. The 45-year-old pleaded guilty to two misdemeanor DUI charges stemming from his arrest on Dec. 31, 2008.
Rob Schumacher/The Republic

Feb. 2010: MCSO Field Training Officer Renee Ansley shows off the inmate uniforms as Lorraine Carlson of Fountain Hills (right) looks on during a tour of the Tent City Jail in Phoenix on Feb. 10, 2010.
David Wallace/The Republic

July 2011: Phoenix hit a record high of 118 degrees on July 2, 2011. Chris Habetler (left) and Robert Chavez eat the cups of ice given to them to deal with the heat at the Tent City jail.
Patrick Breen/The Republic

Aug. 2011: A vacancy sign is picture at the Maricopa County Tent City Jail in Phoenix. The year marked the 18th anniversary of the jail's creation by former Maricopa County Sheriff Joe Arpaio.
The Republic

Aug. 2011: One of the male inmate tents at Tent City Jail in Phoenix. The year marked the 18th anniversary of the jail's creation by former Maricopa County Sheriff Joe Arpaio.
Deirdre Hamill/The Republic

June 2012: Dianna Jackson, a specialized job developer from St. Joseph the Worker, leads a workshop on June 13, 2012, for individuals who will be released within two weeks from Tent City Jail. The workshop, St. Joseph the Worker Work in Order to Reduce Crime, is designed to give inmates access to skills, equipment and opportunities to land employment after they’re released.
Charlie Leight/The Republic

June 2012: Dianna Jackson, a specialized job developer from St. Joseph the Worker, leads a workshop on June 13, 2012, for individuals who will be released within two weeks from Tent City Jail. The workshop, St. Joseph the Worker Work in Order to Reduce Crime, is designed to give inmates access to skills, equipment and opportunities to land employment after they’re released.
The Republic

June 2012: Kyle Furman (left) listens to Jeziree Pryer as specialized job developers from St. Joseph the Worker lead a workshop on June 13, 2012, for individuals who will be released within two weeks from Tent City Jail. The workshop, St. Joseph the Worker Work in Order to Reduce Crime, is designed to give inmates access to skills, equipment and opportunities to land employment after they are released.
The Republic

June 2012: Angel Vargas of Phoenix protests on June 23, 2012, during a vigil against the Arizona's immigration law SB 1070 and Tent City in front of Tent City, the Maricopa County Sheriff's Office jail in Phoenix.
David Wallace/The Republic

June 2012: Benjamin Campos of Buckeye holds an American flag while protesting on June 23, 2012, during a vigil against Arizona's immigration law SB 1070 and Tent City in front of Tent City, the Maricopa County Sheriff jail.
David Wallace/The Republic

Aug. 2013: Inmates at Tent City Jail look through pornographic and lifestyle magazines while enjoying candy cigarettes on Aug. 3, 2013, during an event celebrating the jail's 20th year since opening.
The Republic

Aug. 2013: Luis Cortes (left), an inmate at Tent City Jail, waits for former Maricopa County Sheriff Joe Arpaio to serve cake on Aug. 3, 2013 after a press conference celebrating the jail's 20th year since opening.
The Republic

Aug. 2013: Tent City Jail inmate Charles Fought (left) speaks to the press about his experiences at Tent City Jail, while former Maricopa County Sheriff Joe Arpaio listens on Aug. 3, 2013, in Phoenix.
The Republic

May 2015: Marysol Pena (left) does eyebrows threading to Heather Glasses at the Maricopa County's Tent City Jail. The woman are part of the average 247 Latino women who make up the population of inmates at county jails.
Nick Oza/The Republic

May 2015: Graciela Macias, who has been at the Maricopa County's Tent City jail for months, says she enjoys attending the prayer group because it makes her reflect and feel motivated. She's part of the average 247 Latino women who make up the population of inmates at county jails.
Nick Oza/The Republic

March 2016: Jane Sanders, the wife of U.S. Sen. Bernie Sanders, met with former Maricopa County Sheriff Joe Arpaio at Tent City Jail on March 14, 2016. Jane Sanders talked to some of the undocumented prisoners, and argued with the former sheriff about the living conditions at Tent City Jail.
Nick Oza/The Republic

March 2016: Undocumented immigrant Berta Avila (far right) talks about her treatment as a detainee at Eloy and the Tent City Jail to Jane Sanders (left), wife of U.S. Sen. Bernie Sanders, and Punte Activist Carlos Garcia.
Nick Oza/The Republic

March 2016: Jane Sanders, wife of U.S. Sen. Bernie Sanders, meets former Maricopa County Sheriff Joe Arpaio at Tent City Jail on March 14, 2016. The two argued over the living conditions of prisoners in the jail.
Nick Oza/The Republic

March 2016: Jane Sanders, wife of U.S. Sen. Bernie Sanders, visits Tent City Jail on March 14, 2016. Sanders talked with some of the undocumented prisoners, and later argued with the former sheriff about the living conditions of the jail.
Nick Oza/The Republic